Donda Shekar v. The State Of Telangana
M q HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY :PRESENT:
THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 3l;l OF 2020 Between:
Donda Shekar, S/o. Laxmaiah, Petitioner/Accused No. I AND I . The State of Telangana, Rep. by Public Prosecutor, High Court of Hyderabad at Hyderabad.
2. Smt. Chada Jhansi Rani, Wo. Sheker, R/o H.No.4-2-1l6,Dr. Ambedkar Nagar, Nacharam Village, Uppal Mandal, Medchal- Malkajgri District (As per the Court order dated 22-01-2020 in IA. No. 1 of 2020 R2 is impleaded in Crl.P. No. 314 of2020) Respondents/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to enlarge the petitioner on bail in connection with FIR No.541 of 2019 on the file of PS-Nacharam, Rachakonda District. Counsel for the Petitioner :
SRI RAJAGOPALLAVAN TAYI Counsel for the Respondent No.l :
ADDL. PUBLIC PROSECUTOR Counsel for the Respondent No.2 :
SRI THOOM SRINMS The Court made the following;
I
*i5 TTOITOURABLE JUSTIT]E G. SRI DEVI ORI\4INAL PETITION N',O.314 0F 2020 ORDER:
The petitioner/A- 1 filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedr-Lre seeking to grant bail to him in Crime No.54 1 of 2Ol9 of P.S. Nacharam, which was registered for the offences punishable under Ser;tions 498-A, 494 and 506 of the Indian Penal Code, Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Section 3 (l)(r)(s), !l(2)(va) of the SCs & STs (POA) Act, 2015.
The allegation against the petitioner/A- 1 is that the petitioner and the de facto complainant got married ot 22.O9.2017 at Arya Samaj, North Lalaguda, Secunderabad. After marriage, the couple started living together. Disputes arose betwer:n the couple which resulted in lodging FIR before the P.S. Nacharam. Learned Additional Public Prosecutor opposed to grant bail to the petitioner/ A- 1.
It has been submitted by the counsel for the petitioner/A- 1 that the entire allegations made in the FIR are false and baseless and made only to harass the petitioner. It is further submitted that the petitioner would abide by any condition irnposed while enlarging him on bai1. The petitioner is the only brr:ad-earner of his family and elder members of his family are dependent on him. It is further submitted that the petitioner hails from a respectful family and the de facto complainant herself withdrew from the conjugal life and lodged the present complaint. Further, the
& o petitioner has issued a legal notice to the de facto complainant to join conjugal life but she did not join. The petitioner was arrested on 23.11.2019 and since then he has been in judicial remand. Hence, it is prayed to enlarge him on bail.
Looking into the facts and circumstances of the case and taking into consideration the gravity of the offence alleged and as the entire investigation is completed except filing of charge sheet, I am inclined to grant bail to the petitioner/A- 1 . The Criminal Petition is allowed and the petitioner/A- 1 shall be released on bail on the following terms and conditions: (i) That the petitioner/A- 1 shall execute a personal bond for Rs. 15,000/- (Rupees fifteen thousand only) with two sureties for a like sum each to the satisfaction of the IV Additional Metropolitan Magistrate-cum-IV Additional Junior Civil Judge, Cyberabad at L.B. Nagar.
(ii) that the petitioner/A- 1 shall not tamper with the prosecution witnesses;
(iii) that the petitioner/A- 1 shall co-operate with the investigating agency.
(iv) that the petitioner/A- 1 shall not misuse the liberty granted to him.
(v) that the petitioner/A-l shall appear before the Court concerned personally on each date of hearing till conclusion of trial.
Miscellaneous applications pending, if any, shall stand closed.
SD/- B. SATYAVATHI AS3ISTANT REGISTRAR ) //TRUE COPY'
SECTION OFFICER To, I . The Special Sessions Judge for Trial of Cases under SCs & STs (POA) Act cum VII Addl. District and Sessions Judge, Ranga Reddy District, LB. Nagar.
2. The IV Addl. Metropolitan Magistrate cum IV Additional Junior Civil Judge, Cyberabad, at L.B. Nagar.
3. The Superintendent, Central Jail, Cherlapally, RR District.
4. The Station House Officer, PS Nacharam, Rachakonda District.
5. Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT)
6. One CC to Sri Rajagopallavan Tayi, Advocate (OPUC)
7. One Spare Copy
& HIGH COURT GSD,J DATE: 30-01-2020
ORDER
CRL.P. NO.3t4 0rr 1020 BAIL 1I J/lil 2W t\\ fl)